Sums paid for sixteen years from which
income tax was claimable, but was
not claimed nor allowed, held that
action for repetition was not com-
petent, and same dismissed, 60.
Interest-

A legacy was left to a minor, payable
on his attaining majority, interest
to be payable until that event ar-
rived. The funds were meantime
directed to be invested in heritable
security, and this was partially done;
but as 44 per cent. interest was the
highest obtained, the trustees, under
the Deed of Settlement, offered that
rate of interest to the legatee, who
refused, he maintaining that in the
absence of any direction, legal in-
terest was what was due, and that
legal interest meant 5 per cent. per
aanum. In an action for payment
of the interest at the rate of 5 per
cent. per annum, at the legatee's
instance, against the trustees and
residuary beneficiaries, decree given
in terms of the conclusions of the
summons, with expenses, 76.

Joint-Stock Company-

A joint-stock company, not registered
under "Joint-Stock Companies' Act,
1836," whose members exceeded
twenty in number, incurred a debt,
and afterwards ceased to trade.
The creditor sued a single member
of the company for the debt. Held,
that under the 4th section of the
Act he was liable, and decree given
accordingly, 148.
Jursdiction. See Domicile.

Landlord and Tenant-

A proprietor let to a tenant an urban
subject. The tenant sub-let a por-
tion, and thereafter fell into arrears
of his rent. The landlord obtained
warrant of sequestration against the
principal tenant, but included in the
inventory, goods belonging to the
sub-tenant, who was not made a
party to the proceedings. The sub-
tenant thereupon presented a peti-
tion for interdict. Held, that no
inversion of the use and possession
having been averred, and the right
to sub-let being implied in every set
of an urban subject, unless specially
excluded, the landlord was not en-
titled to sequestrate the sub-tenant
for the rent of the principal tenant,
he possessing and paying his rent
to the principal tenant in good
faith, 37.

A tenant granted a letter of removing,
engaging to remove at the term of
Martinmas. The landlord wished
to remove the tenant at the new
term, but as he maintained that, by
the usage of the estate and district,
the old term was understood, he
applied for interdict against his
ejection at the new term. Held,
that the tenant was entitled to a
proof as to what was understood to
be the proper term of removal, and
proof allowed, 83.

In a lease of land a cautioner was
given as security for fulfilment of
the stipulations. The tenant fell
into arrears, and an action was

raised against him, under the 5th
Section of the Act of Sederunt,
1756, to ordain him to find caution
for the arrears and the five follow-
ing crops, on the allegation that the
cautioner in the lease was in different
circumstances from those in which
he was when the lease was entered
into. Defence, that caution had
been already found, and new cau-
tion, under the Act of Sederunt,
could not be demanded-repelled,
127.

An heritable creditor raised an action
of maills and duties, to which he
had called the debtor, who had been
made bankrupt and sequestrated.
His trustee had taken possession
of his whole estates, heritable and
moveable-the latter of which he
had sold. The bankrupt's friends
purchased the household furniture
back, and, by an arrangement with
the trustee, were allowed to remain
in his house. Founding on his
decreet of maills and duties, the
heritable creditor sequestrated the
bankrupt's furniture under the Small
Debt Act. Held, that there was no
tenancy; and that an heritable credi-
tor, in possession under a decreet of
maills and duties, could not seques-
trate a tenant's effects as under the
landlord's hypothec, 134.

The tenant of an urban subject refused
to grant a letter of removal, under
section 31 of 16 and 17 Vict., c. 80,
and in an action of removing under
that Act and the Act of Sederunt,
1756, the landlord concluded for
expenses, in respect of the tenant's
refusal to grant the letter.
(differing from Stewart v. Greig,
Law Magazine, April, 1861), that
the tenant was not bound to grant
a letter of removal, and that he was
not liable in the expenses of the
action of removing, 137.

Held

A tenant, who had miscropped his
farm contrary to the terms of his
lease, and had failed to labour it
according to the rules of good hus-
bandry, found liable in the penal
rent for miscropping, and in damages
for deterioration of the land, 140.
Law Agent's Hypothec-

An account was incurred to a law
agent by a client, inter alia, for the
preparation of a certain deed; before
the account had been paid the agent
gave up the deed to the client, who,
after an interval, returned it, getting
in exchange a borrowing receipt in
usual terms. Held, in an action
for delivery by the client against
the agent, the account being still
unpaid, that the agent was bound
to deliver up the deed, as his right
of hypothec had ceased on his vol.
untarily parting with the deed and
taking it back under a borrowing
receipt, 57.

Law-Burrows. See Aliment.
Legacy. See Interest-Vesting.
Lien on Freight-

Previous payment of freight deter-
mines a seaman's lien thereon for
his wages, 82.
Lis Alibi Pendens, See Process,

Loan-

In an action for money lent without
acknowledgment, the defender ad-
mitted that he had received the sum
sued for, but added that it was as
payment of a share in a joint busi-
ness. It was maintained that the
defender's admission was conclusive
of the case, and the defender ought
to prove the qualification. Held,
that the admission must be taken
with its qualification, and that it
lay with the pursuer to disprove the
qualification, 146.

Master and Servant-
Circumstances in which damages
awarded against the executrix of an
employer for injuries sustained by a
workman, 71.
Circumstances in which held, in an

action against a master, that in-
juries causing death had been oc
casioned by the recklessness and
carelessness of the party injured and
of his fellow-workmen, and defen-
ders assoilzied, 62.
Circumstances in which a coalmaster
held liable in compensation for in
juries sustained by a miner from a
defect in the workings, 68.
A fireman was engaged, in writing,
for a period of six months by the
owner and occupant of a coal-pit.
Shortly thereafter the coal-owner
let the pit. Two months thereafter
he verbally desired the fireman to
go and work to his tenant, but with-
out offering any guarantee that the
servant's engagement would not be
held as cancelled, or his wages
lessened. The fireman refused to
enter the tenant's service without
guarantee, and was dismissed. In
an action for full wages, as having
been wrongously dismissed, decree
given as concluded for, with ex-
penses, 113.

A warehouseman and traveller entered
into a written contract of service,
for which he was to receive "a
salary of £100 per annum." Hav-
ing been dismissed before the end
of his engagement, on the allegation
that there was no fixed period, but
that its duration was at the pleasure
of the parties, in an action for the
recovery of the year's salary, held
that the terms of the contract were
for a year, and no proof of the cus-
tom of trade could be allowed to
control these, 130.

Merchant Shipping Act. See Wages.
Maills and Duties. See Landlord and
Tenant.

Master and Apprentice-

An apprentice was bound to a master,
and in the indenture was the usual
clause "to teach the apprentice."
At the termination of the apprentice-
ship the apprentice raised an action
of damages for the alleged failure of
the master to teach. Circumstances
in which held that the apprentice
had not proved the master's failure
to teach, and action dismissed, 142,
Mora. See Sale.
Mandate. See Donation,

Novation

Circumstances in which held that a debt had been innovated, and the original debtors liberated, 80.

Next of Kin

A next of kin is entitled to the office
of executor in preference to father
of a predeceasing daughter, who
takes one-half of the succession under
Dunlop's Act, 91.

Order to Pay. See Assignation.
Obliteration. See Draft or Order.

Old and New Terms. See Landlord and Tenant.

Oath of Reference. See Process.

Poor-Settlement

A Scotswoman married an Englishman who at his death had acquired no residential setttlement in Scotland. After the husband's death, the wife obtained temporary relief from the parish in which she then resided. In an action at the instance of the latter parish-Held, that the birth parish of a pauper Scotswoman, the wife of an Englishman, who has not acquired, or having acquired, has not retained a residential settlement in Scotland, is upon her husband's death bound to support her, 172. See Assythment.

Apprentice.

Process

A process which had fallen asleep before the Act 16 and 17 Vict., c. 80, came into operation, and which had not been moved in for more than six months thereafter, stands dismissed, and cannot be wakened, 51. A remit was made in a process on 6th February, 1861, to an accountant to report. The accountant did not report for more than twelve months, but during that period meetings had taken place, and letters had passed between the agents and the accountant, in which information and vouchers were called for. After more than twelve months from the date of the remit, the pursuer's agent enrolled the case for an order on the accountant to report. Held, that this was the proper form of motion-that, by the proceedings before the accountant, the process did not stand dismissed, on a sound construction of the 15th section of the Sheriff Court Act of 1856, and motion granted, 67. Documents in a pursuer's possession prior to raising an action, but not produced before closing the record (see Borthwick, 6th Dec., 1861), refused to be received afterwards, 90. See Evidence.

See Exhibition.
Purchase. See Sale.
Prescription-Triennial—

An Englishman incurred an account
in England and afterwards came to
reside in Scotland, where he lived
for two years and ten months, but
more than three years had elapsed
from the date of the last item of the
account. In an action for payment,
prescription was pleaded. Held,
in accordance with Don v. Lipman)
that the triennial prescription ap-
plied, 23.
Vecennial-Business books and rela-
tive vouchers of entries held not to
fall under the vecennial prescrip-
tion, 33.

It was objected to a bill as a voucher for a claim to vote for the election of a trustee that it was prescribed. Held, that prescription was elided by a declaration of the bankrupt on a residue account produced, in which the debt was admitted, 176. Pawnbroker. See Husband and Wife. Principal and Sub-Tenant. See Landlord and Tenant,

Personal Injuries. See Damages.
Publication. See Interdict.
Parole Proof-

An account sued for was found to be
prescribed, and proof of the resting
owing restricted to the writ or oath
of the debtor. Held, that as a refer-
ence to oath implied a judicial con-
tract, and might exclude review;
and as it was now competent to
examine a party in a cause as a
witness, it was not necessary to give
in a minute of reference, and that
the party should be examined as a
witness, 90.

Parish Church. See Assessment.

Railway Company

A railway company found liable in damages for cattle killed through the insufficient fencing and watching of a level crossing, 5. A railway passenger took out his ticket from Aberdeen to Keith, but asked to have luggage labelled for Elgin, a station farther on. At Keith the passenger rebooked to Elgin. Part of his luggage was lost between Keith and Elgin. On an action for the value-Held, that the railway company was not liable, and action dismissed, 5. See Carrier. Restitution. See Insolvency. Ranking

Circumstances in which a claim, insufficiently vouched, was rejected, 61. Removing. See Landlord and Tenant. Railroad

Claim by a turnpike against a railroad for damages done to a highway, repelled under the circumstances, 97. Right of Salmon Fishing. See Interim Interdict.

Railway. See Assythment.
Railway Act-

The company not bound to erect gates
to shut across the railway at a level
crossing of a public carriage road,
but bound to provide a gatekeeper,
180.

Stoppage in TransituCircumstances in which found that goods had been effectually stopped in transitu, 1. Sequestration

A landlord raised a small debt action for rent-obtained decree, and imprisoned the tenant. He thereafter presented a petition of sequestration in the ordinary court for the same rent-obtained warrant and seques trated. Held, that the petition was imcompetent, in respect of the small debt decree previously ob tained, and having elected th diligence by having used the com pulsitor of imprisonment, 3.

An heritable creditor found entitle to a preference over the trustee o a sequestrated estate for the currer half-year's interest on his bond the date of his sequestration, 114. An heritable creditor raised an acti of maills and duties, to which had called the debtor, who h been made bankrupt and sequ trated. His trustee had tak possession of his whole estat heritable and moveable-the lat of which he had sold. The ba rupt's friends purchased the hou hold furniture back, and, by arrangement with the trustee, w allowed to remain in his hou Founding on his decreet of m and duties, the heritable cred sequestrated the bankrupt's fu ture under the Small Debt Held, that there was no tena and that an heritable creditor possession under a decree of and duties, could not sequestr tenant's effects as under the lord's hypothec, 134.

Sale

Circumstances in which held goods had been ordered and de ed, and decreet given for the sued for, 10.

A party conveyed absolutely t of his creditors an heritable s in security of a debt, qualified back letter, which was rec The granter thereafter bankrupt, and his trustee taken possession of the he advertised and offered it for but it was not sold. The c now advertised a sale of th jects under his bond. Again threatened sale the trustees for interdict. Held, that the was entitled to interdict, carry out the sale in prefer the heritable creditor, whose under his bond, were preser A document set forth a sale of but these were retained intended sellers. Circumsta which held that no sale ha place, 101. A, on the eve of bankruptcy quantity of goods to B, v though he knew that B difficulties, was not aware would be obliged to stop. A that the goods were sold f as otherwise it would have fraud on his creditors, and not to plead compensation